Noel

Noel v. Peery

Good Law
United States District Court, Northern District of CaliforniaJuly 27, 20233:21-cv-08801California2,946 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PATRICK NOEL, Case No. 21-cv-08801-EMC

Plaintiff, ORDER GRANTING PETITIONER’S

MOTIONS FOR RECONSIDERATION

v. AND APPOINTMENT OF COUNSEL;

REFERRING CASE TO FEDERAL

SUSAN PEERY, PUBLIC DEFENDER; STAYING CASE Respondent. Docket Nos. 8,

12 13 I. INTRODUCTION Patrick E. Noel, a California state prisoner, filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction from the Mendocino County Superior Court. See Docket No. 1 (“Petition”). The Court reviewed the Petition pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases, dismissed Claims 1, 2, 4, 5, and 7; ordered Mr. Noel to make an election as to the Claims 3 and 6; and held Claims 8 and 9 in abeyance pending that election. Docket No. 6 (“Screening Order”). Mr. Noel filed an “opposition” to the Screening Order’s holding…

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